| Medical Careworks, P.C. As Assignee of Felipe Garcia v American Tr. Ins. Co. |
| Motion No: 2011-00133 nc |
| Slip Opinion No: 2011 NY Slip Op 78855(U) |
| Decided on July 18, 2011 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| Medical Careworks, P.C. as Assignee of Felipe Garcia, Appellant, v American Transit Insurance Company, Respondent. |
Motion by respondent to dismiss an appeal from an order of the District Court of Nassau County, Third District, entered November 19, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed on the ground that no appeal lies as of right from the District Court's order (see Acunto v Stewart Ave. Gardens, LLC, 26 AD3d 305 [2006]).
ENTER:
Paul Kenny
Chief Clerk